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Presentation for the Institute for European Studies at Vrije Universiteit Brussel (IES) and the Institute for European Environmental Policy (IEEP) Brussels, 13 February 2009 Transfrontier shipments of waste - An enforcement challenge Albert

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Presentation for the Institute for European Studies at Vrije Universiteit Brussel (IES) and the Institute for European Environmental Policy (IEEP) Brussels, 13 February 2009 Transfrontier shipments of waste - An enforcement challenge Albert Klingenberg Inspectorate of the Ministry of Housing, Spatial Planning and the Environment The Netherlands

Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009

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  • 12 July 2007 a new Regulation (EC No 1013/2006)
  • n transboundary shipments of waste came into force
  • This Regulation is the follow up of the Waste

Shipment Regulation (259/1993) and aims to simplify and streamline waste shipment procedures

  • Article 50: Member states shall cooperate, bilaterally
  • r multilaterally, with one another in order to

facilitate the prevention and detection of illegal shipments

European Waste Shipment Regulation (WSR)

  • 2 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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This presentation

  • VROM-Inspectorate
  • IMPEL
  • IMPEL cluster Transfrontier Shipments of waste (TFS)
  • IMPEL-TFS Enforcement Actions Project I
  • Other international activities
  • 3 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Dutch Ministry of Housing, Spatial Planning and the Environment, Inspectorate

  • Responsible for the WSR
  • High priority
  • Cooperation with customs and police
  • Information based enforcement
  • Priority to export to non-OECD countries
  • 4 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)

IMPEL

  • 5 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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IMPEL

  • Set up in 1992 in order to harmonize the

enforcement of the regulation on shipments of waste

  • Since May 2008 international non-profit association of

the environmental authorities of the European Union, acceding and candidate countries of the European Union and Norway (more than 30 members)

  • Continuation of the informal IMPEL Network
  • The European Commission supports the work of

IMPEL

  • 6 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Objectives IMPEL

  • More effective implementation of environmental

legislation

  • Share information and experience
  • A greater consistency of approach in the

implementation and enforcement of environmental law

  • To promote understanding of differences of national

regulatory systems

  • To develop best practices
  • 7 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Cluster TFS: Transfrontier Shipments of Waste Enforcement Actions Project I

Aims:

  • Promote compliance with the WSR through

enforcement

  • Carry out joint enforcement projects
  • Promote exchange of knowledge, best practices and

experience with the enforcement of the WSR

  • Stimulate a uniform enforcement
  • 8 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Enforcement experiences:

  • Previous Projects Seaport and Verification showed al lot of

violation and bottlenecks

  • Waste market changes rapidly
  • Incidents

Aim of all the projects: improve the enforcement of international waste shipment regulation.

Why this project?

  • 9 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Inspections Verification Communication

Exchange of inspections, knowledge, information Inspections:

  • Transport: rail,

road, water, air

  • Companies
  • Destination
  • Dispatch
  • Inside/outside EU
  • Viadesk
  • Inspection forms
  • Publicity
  • Network

Strategy of the Enforcement Actions Project

  • Started November 2006
  • Most European countries participate
  • Active and less active countries
  • 10 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Austria Belgium Croatia Denmark England and Wales Estonia Finland France Germany Hungary Ireland Latvia

Participants EA I

Lithuania Norway Northern Ireland Poland Portugal Scotland Serbia Slovenia Sweden Switzerland Netherlands

  • 11 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Number of inspections

10 20 30 40 50 60 70 80 February 2007 June 2007 October 2007 January 2008 Total inspections Road Seaport Other inspections

In total 13,777 transports were inspected, of which 2142 (16 %) wastetransports

  • 12 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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  • 17 countries carried out inspections.
  • Average 10 countries organized inspection in one

inspections month.

  • More inspections at border than in seaports.
  • National cooperation in 90% of the cases.
  • Verification request are minimal.

Conclusions inspections

  • 13 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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  • 15 % of the waste transports in violation.

(6 % illegal; 9 % administrative)

  • Illegal shipments: mostly WEEE, followed

by ELVs, plastic waste and metal waste

  • Illegal: shipments as green waste
  • Percentage violations varies fom 0 to

100 %

Conclusions violations

  • 14 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Plastic and cardboard

  • 15 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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End of live vehicles

  • 16 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Electronic waste

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Exchanges inspectors

  • 18 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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  • Learning by doing
  • Inspectors are enthusiastic and exchange has stimulating effect
  • Situation and level of enforcement in the countries are different

Conclusions exchange of inspectors

  • 19 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Communication

  • 3 meetings
  • Improved guideline
  • Newsletters
  • Developed tools:
  • leaflet
  • waste(s)watch
  • 20 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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General conclusions

  • Project was stimulating, useful and successful
  • Enforcement of the WSR is not institutionalised equally,

a level playing field is a goal to be reached

  • A bottom up approach alone is not enough

to create a high level of enforcement: higher decision levels are needed

  • 21 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Critical factors

Chaos in competent authorities Communication cooperation essential Interpretation regulation Time,budget people Political awareness

  • 22 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Recommendations

  • More political and high management support needed.
  • Establish more level playing field by:
  • training for enforcers
  • developing enforcement actions plans
  • starting bilateral cooperation
  • Follow up by EA II
  • Practical tools for inspectors
  • More enforcement authorities cooperate
  • Continuing cooperation and communication.
  • 23 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Enforcement Actions II

Started october 2009 The objective is to promote and improve inspections and enforcement of waste shipments through and out

  • f the European Union and to verify the waste

destination and treatment in countries of destination.

  • 24 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Examples:

  • Initiatives for a level playing field
  • Aim: uniform and equal enforcement in EU
  • Specific cooperation between Netherlands, UK, Belgium and in the near

future Germany

  • Article 50 WSR: “countries should cooperate”
  • Specific emphasis on Asia and Africa
  • INECE (Informal Network for Environental Compliance and Enforcement)

initiatives on a global level

  • INECE global seaport waste shipment enforcement project

Other international activities of the Dutch Inspectorate

  • 25 - Transfrontier shipments of waste – An enforcement challenge, Albert Klingenberg, 13 February 2009
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Road to success

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